Sec. 309.
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Of the unobligated balances from amounts made available in the first proviso of section 1425 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 ( Public Law 112–10 ) for the cost of loan guarantees under section 1703 of the Energy Policy Act of 2005, $150,000,000 are hereby rescinded: , That, subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans for eligible projects under title XVII of the Energy Policy Act of 2005, shall not exceed a total principal amount of $15,000,000,000, to remain available until committed:
Provided , That the amounts provided in this section are in addition to those provided in any other Act: Provided further , That for amounts collected pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the source of such payment received from borrowers may not be a loan or other debt obligation that is guaranteed by the Federal Government: Provided further , That none of such loan guarantee authority made available by this section shall be available for commitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project:
Provided further , That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority provided by this section for commitments to guarantee loans for:
(1)projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits;
(2)projects as a result of such projects benefitting from being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is:
(A)paid exclusively in cash;
(B)deposited in the Treasury as offsetting receipts; and
(C)equal to the fair market value as determined by the head of the relevant Federal agency;
(3)projects as a result of such projects benefitting from Federal insurance programs, including under section 170 of the Atomic Energy Act of 1954 ( Provided further 42 U.S.C. 2210 ; commonly known as the Price-Anderson Act ); or
(4)electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: , That none of the loan guarantee authority made available by this section shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this section. Provided further
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- Pub. L. 112-10
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